TUPE ??

[Hayles]

Hi

(Not sure if TUPE are the right initials?)

We've been approached by a large company to take over their catering provision for their staff restaurant. (It's a brilliant opportunity for us!) As part of any agreed contract we're saying that all responsibility for TUPE - redundancy in particular - will be at their cost and their responsibility. We have our own staff and won't need any more.

We are taking legal advice from an employment guy but just wanted to know if anyone here knows that if they agree to this, is it actually legally binding or does the law of the land override it?

Many thanks
Hayles

[Richard Conyard]

It is important and you should check it out, there are some links below which will help.

http://www.dti.gov.uk/er/tupe/consult.htm

http://www.cipd.co.uk/subjects/emplaw/tupe/tupe.htm?IsSrchRes=1

http://www.bbsrc.ac.uk/foi/guidancenotes/gn8_tu.doc

BTW. All I did to get these was to type TUPE into google.

[Alpha]

It will depend on the precise nature of the deal as to whether TUPE applies or not so would best be left to the people you are paying to advise accordingly as they will have the detailed knowledge required.

I you are as a supplier simply taking over the running of the catering facility as a supplier then TUPE will not apply. it will then be down to the customer to go through all the rammifications of making the staff redundant.

However if you are taking over the facility lock stock and barrel including staff then TUPE will definately apply.